PRIIA Section 207 Archives

June 03, 2019
Regulatory

SCOTUS to AAR: No writ of certiorari

In the latest twist of an ongoing saga now in its 11th year, the Supreme Court of the United States (SCOTUS) has denied an Association of American Railroads (AAR) petition for a writ of certiorari* (a request that SCOTUS order a lower court to send up a case record for review) regarding whether Congress may vest a for-profit government corporation—in this case, Amtrak—with regulatory authority over its private-sector “competitors”—Amtrak’s host freight railroads. AAR has been battling with USDOT and Amtrak in court since 2011.

Commentary

January 31, 2019
Passenger

Amtrak vs. freights: A messy MRSA

If you’re passionate about on-time performance of Amtrak passenger trains traversing freight railroad tracks, you’d best pray for the health of RBG—the increasingly frail 85-year-old Supreme Court Justice Ruth Bader Ginsburg.

July 14, 2017
Class I

Eighth Circuit Court rules in railroads’ favor re: Amtrak OTP

In a major victory for freight railroads, a Surface Transportation Board (STB) attempt to revive what previously was ruled an unconstitutional regulatory scheme has been blocked by the federal Eighth Circuit Court of Appeals.

Commentary

March 10, 2015
Intercity

Implications aplenty in Supreme Court Amtrak ruling

The Supreme Court March 9 sent back to a federal appellate court for reconsideration a freight railroad challenge to a provision of the 2008 Passenger Rail Investment and Improvement Act (PRIIA) that allowed the Federal Railroad Administration (FRA) and Amtrak to collaborate in establishing minimum on-time performance standards for Amtrak passenger trains operating on freight railroad-owned track. The 9-0 unanimous decision was written by Justice Anthony Kennedy.